The Lok Sabha on Wednesday approved a bill to amend an anti-terror law aimed at allowing the government to designate “an individual as a terrorist” with Home Minister Amit Shah asserting this is of “prime importance” to “nip terrorism” in the bud.
Stoutly defending the amendments to the Unlawful Activities(Prevention) Act(UAPA) to make it “strict”, Shah also allayed fearsof the opposition parties on its misuse, saying it will keep the investigationagencies “four steps” ahead of the militants.
Replying to a debate on the bill before it was passed byvoice vote, Shah said though it will not be misused against any individual,yet, those who engage in militant activities against the security andsovereignty of the country, including the ‘urban maoists’, would not be sparedby the investigating agencies either.
Shah said, “the objective of the proposed amendments is tofacilitate speedy investigation and prosecution of terror offences anddesignating an individual as terrorist in line with the internationalpractices.”
“An individual’s psychology is the birth place of terrorism,rather than an institution. If, in the first place, an individual is stoppedfrom attracting other individuals into terrorism by providing ideological andfinancial support, this menace can be finished,” he said.
“Hence, designating an individual as terrorist, afterfollowing the due process of law, is of “prime importance to nip terrorismin the bud,” the Union Home Minister said.
The anti-terror law,so far, only had provisions to ban groups as individual groups, notindividuals.
The Bill additionally empowers the officers of the NIA, ofthe rank of Inspector or above, to investigate cases. Under the Act, theinvestigation may be conducted by officers only of the rank of DeputySuperintendent or Assistant Commissioner of Police or above.
The opposition Congress and the TMC boycotted theproceedings ahead of voting on the bill.
“What can we do we, if you are boycotting theproceedings as you are angry over vote bank,” Shah said.
Shah said, “fighting terror must not be held hostage topolitical considerations. Members must rise above political considerations andwhole heartedly support a strict law for fighting terrorism and keep theinvestigation agencies four steps ahead of the militants.”
Hitting out at the Congress for opposing the amendments, hesaid if the UPA was correct in amending anti-terror laws in their tenure, thenso is the NDA.
He said, in the nameof ideology, some people promote ‘urban Maoism’, a term used by the BJP and itsideological allies for those it blames for supporting Maoists. “In thename of ideology, some people promote urban Maoism. We have no sympathy forthem,” he said.
“Left wing violence was initially considered ideological andgullible people were misguided to kill others,” he said.
“The only purpose of this law is to root out terrorism.We will ensure that this law will not be misused,” he added.
The Congress under the then Prime Minister Indira Gandhi hadbrought in UAPA, he said, targeting the opposition party, whose members earlierquestioned the rationale behind the law.
“Radical preachers are propagating ideology of hate andterrorism,” Shah said.
“It is thepriority of the government to root out terrorism,” he said, adding,”Our commitment to uproot terrorism has remained steadfast irrespective ofwhere we were, whether in Government or not”.
Shah said there are no changes being made in arrest or bailprovisions. Therefore, it is clear thatthere will be no violation of fundamental rights of any person, he said.
Also, the burden of proof is on the investigating agency andnot on the accused. This provision has not been changed, he added.
Defending the proposed amendment to give powers to DirectorGeneral, National Investigation Agency(NIA) to attach properties acquired fromproceeds of terrorism, Shah said a strict law is fruitful only when it ispractically implementable.
Currently, the law requires that NIA take prior permissionfrom the respective state DGP to start investigation in terror cases. Thisdelays the process, he said. TheMinister said that the amendment about attaching properties acquired throughproceeds of terrorism is being proposed in order to expedite investigation interror cases and is not against the federal principles.
“Some (opposition) members said that we have destroyedthe federal structure by bringing this amendment. If the federal structure hasbeen destroyed then it was destroyed during the UPA time as the law was enactedthen,” he said.
“If somebody indulges in terrorist activities thendefinitely the NIA will seize his computers and other devices,” he added.
Participating in the debate, Karti Chidambaram(Congress)accused the government of destroying the federal structure and individualliberty by the Unlawful Activities (Prevention) Amendment Bill, 2019.
The member said he wondered whether such a stringent lawwould have prevented Pathankot or Pulwama attack.The Congress member expressed the fear thatfuture governments can misuse the amended law.